jaxfactor Posted July 24, 2008 Share Posted July 24, 2008 I was debating whether or not to post this so I'll leave the company name out . I have this neighborhood couple who live in a house close to me. They are not mentally retarded, but are very very slow. I think she can read very little but he can't read at all. He's a nice guy and I really hate to see this happening to him. He works supposedly 40 hours a week and has worked at this same job for over a year now. He recently made a comment to me that he thought he should be getting paid more. At first I misunderstood what he meant. I thought he was talking about a raise. But come to find out, he's being shafted out of 10 hours a week. I thought that maybe he didn't really know how many hours he worked. Did I mention he's really slow? So I asked him if he had a time card that he punched in every day. He said that he did. I asked him to do something for me. I asked him to get another card and hit the clock on that card right after he hits the other one and to make sure nobody sees him doing this. So he's been doing this for a few weeks now. He gives me the card and then I look at his paycheck. Sure enough, his clock rings work out to 40 hours a week. Sometimes a couple hours more, sometimes a couple less. No more than 2 though. Yet his paychecks are reading 30, 31, 30. These people are actually taking advantage of this poor guy who can't read a lick, but guess what? I can. He and his girlfriend have counselors who help them with banking and money management. I asked why he never told the counselor this, and he gave me the look and said, "I don't know". This guy is a solid worker and he cuts my grass for me when I'm out of town, and helps me with other jobs around the house. I hate to see this happening to him. My question is should I go give this information to one of the counselors? What happens when we/they decide to do something about this? I hate to see the guy lose his job as he's very proud of the fact that he has one. I'd really love to go talk to his boss and really give him a piece of my mind, but I'm afraid I might cause him to find a way to fire the guy and expunge all records. What to do? I'll be out of town until the 3rd, but will check in on this thread to see what y'all think. This just totally blows, and whoever is responsible should be ashamed for taking advantage of this poor guy. Makes me wonder if they've been doing this sh*t the whole time he's worked there. If I ever wanted to beat the living f*ck out of someone, this is it! Just pisses me off the more I think about it. Told him to keep hitting the extra card and I'll talk to him again when I get back home. Quote Link to comment Share on other sites More sharing options...
Pope Flick Posted July 24, 2008 Share Posted July 24, 2008 Weak! This might be something to get more ducks in a row on. Right now, keep in mind you only have a different version of his timecard, not a copy of one. I'm no lawyer, but you would need him to photocoopy that card on Friday to have a case. Quote Link to comment Share on other sites More sharing options...
jaxfactor Posted July 24, 2008 Author Share Posted July 24, 2008 Weak! This might be something to get more ducks in a row on. Right now, keep in mind you only have a different version of his timecard, not a copy of one. I'm no lawyer, but you would need him to photocoopy that card on Friday to have a case. Yeah, I realized that. But the guy is by no means dishonest. It would be hard to get a photocopy of his timecard without drawing attention. I want to catch the bastages. Worst case, maybe i get him to ask his boss for a copy. Maybe he can say that his counselor wants a copy. But the timecard can still get chopped of the hours before the copy is made. They can still find ways to screw this poor guy. Maybe they've been doing a separate card all along and tossing the real one. Quote Link to comment Share on other sites More sharing options...
Footballjoe Posted July 24, 2008 Share Posted July 24, 2008 (edited) One thing that may account for some missed time is a lunch break. Does he clock in and out for lunch? How long is his break? Does he have other breaks? It may not account for all the time but maybe some. Just something to consider. Edited July 24, 2008 by Footballjoe Quote Link to comment Share on other sites More sharing options...
Piranha Posted July 24, 2008 Share Posted July 24, 2008 Sounds pretty illegal to me... Quote Link to comment Share on other sites More sharing options...
Gonkis Posted July 24, 2008 Share Posted July 24, 2008 Good point; however, he's hourly, so that must be accounted for on the card, yeah? I don't think you can deduct time from an hourly employee like that?Definitely need legal help. We give two 15 minutes breaks that are paid, but we deduct 30 minutes from each timecard for lunch. The hours reported on the timecard will be 8-1/2 for example,but we pay 8. They only punch out at lunch if they leave the building. Outside of that, they work and break with a bell. That being said, it only account for 2-1/2 hours a week, 5 hours a pay. Maybe he has a 1 hour unpaid lunch or they deduct the 15 minute breaks, as well. I can't imagine a company doign this and thinking they can get away with it. There must be a reasonable explanation. We've operated this way since 1957. Quote Link to comment Share on other sites More sharing options...
cre8tiff Posted July 24, 2008 Share Posted July 24, 2008 I would expect the lost pay they will have to repay is nothing compared to the violation of civil liberties penalty. Quote Link to comment Share on other sites More sharing options...
dmarc117 Posted July 24, 2008 Share Posted July 24, 2008 (edited) go to your local news channel. have them investigate then break the story. if the guy gets fired, im sure the publicity from the investigation will get him hired again. probably a better job too!!! pass it by him and his counsel first. Edited July 24, 2008 by dmarc117 Quote Link to comment Share on other sites More sharing options...
cre8tiff Posted July 24, 2008 Share Posted July 24, 2008 If it's Wal-Mart or McDonald's .... :moneybags: Quote Link to comment Share on other sites More sharing options...
tonorator Posted July 24, 2008 Share Posted July 24, 2008 is he so slow that he could not take in his paycheck to HR or his boss and ask the question? would be best if the question came straight from him. if he is unable, then i would share the data with a counselor of his and they could follow up on his behalf. Quote Link to comment Share on other sites More sharing options...
Fatman Posted July 24, 2008 Share Posted July 24, 2008 go to your local news channel. have them investigate then break the story. if the guy gets fired, im sure the publicity from the investigation will get him hired again. probably a better job too!!! pass it by him and his counsel first. Beat me to it. Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted July 24, 2008 Share Posted July 24, 2008 go to your local news channel. have them investigate then break the story. if the guy gets fired, im sure the publicity from the investigation will get him hired again. probably a better job too!!! pass it by him and his counsel first. I actually really like this option. Quote Link to comment Share on other sites More sharing options...
Hugh 0ne Posted July 24, 2008 Share Posted July 24, 2008 I can't imagine a company doign this and thinking they can get away with it. There must be a reasonable explanation. That was my first thought as well. A company is not going to jeopardize their future to short change a guy they think they can take advantage of a few hours of work each week. At least I hope not. If they are doing it intentionally, let's grab TimC's torch and schedule a beat down. Quote Link to comment Share on other sites More sharing options...
AtomicCEO Posted July 25, 2008 Share Posted July 25, 2008 I would be very surprised if there wasn't a logical explanation for this. I believe that most people are not inherently evil. Quote Link to comment Share on other sites More sharing options...
detlef Posted July 25, 2008 Share Posted July 25, 2008 That was my first thought as well. A company is not going to jeopardize their future to short change a guy they think they can take advantage of a few hours of work each week. At least I hope not. If they are doing it intentionally, let's grab TimC's torch and schedule a beat down. I would be very surprised if there wasn't a logical explanation for this. I believe that most people are not inherently evil. +1. Besides the whole "people are good" theory, talk about what could be the absolute worst high risk-low reward deal you could imagine. If these guys really are guilty, they should and could get nailed to the freaking wall for this. Quote Link to comment Share on other sites More sharing options...
Atlanta Cracker Posted July 25, 2008 Share Posted July 25, 2008 I just don't see any way of justifying 10 hours per week. MAYBE 5 for a lunch break every day but no way an hour lunch and 2 1/2 hour breaks... UNLESS he's working for a place that willing takes on less competent people and gives them those breaks as a part of the deal. Ask him what kind of breaks he gets. Quote Link to comment Share on other sites More sharing options...
frenzal rhomb Posted July 25, 2008 Share Posted July 25, 2008 I used to work in voc rehab, and sometimes employers would hire our folks but make an adjustment to the hourly time card based on production and accomodations like excessive restroom time, etc, which is all legal. Is it possible if he works at 75% quota he is receiving 75% pay, it should all involve time studies etc Quote Link to comment Share on other sites More sharing options...
detlef Posted July 25, 2008 Share Posted July 25, 2008 I used to work in voc rehab, and sometimes employers would hire our folks but make an adjustment to the hourly time card based on production and accomodations like excessive restroom time, etc, which is all legal. Is it possible if he works at 75% quota he is receiving 75% pay, it should all involve time studies etc It shouldn't be. If you want to adjust pay for how hard a guy is working, then adjust his pay. As in, this guy works hard, so I pay him $10 per hour. This guys doesn't so I pay him $7. Completely transparent. You step up your game, you get a raise. You don't, you either don't get a raise or possibly even get fired. Very simple. Allowing the employer to dick with the time card based on production seems like it opens a dangerous can of worms. Quote Link to comment Share on other sites More sharing options...
chiefjay Posted July 25, 2008 Share Posted July 25, 2008 I agree with those that have said that there must be more to the story that the company scaming someone out of 10 hrs a week at $6 an hour. I'll be interested to hear the outcome though. Quote Link to comment Share on other sites More sharing options...
Atlanta Cracker Posted July 25, 2008 Share Posted July 25, 2008 It shouldn't be. If you want to adjust pay for how hard a guy is working, then adjust his pay. As in, this guy works hard, so I pay him $10 per hour. This guys doesn't so I pay him $7. Completely transparent. You step up your game, you get a raise. You don't, you either don't get a raise or possibly even get fired. Very simple. Allowing the employer to dick with the time card based on production seems like it opens a dangerous can of worms. A friends brother with downs syndrome was paid in this way (based on production) but it was documented and official. For him it was more of something to do than a real job as his production netted him like $2/hour. So it is legal if done properly. The above situation doesn't sound like it falls under those guidelines. Quote Link to comment Share on other sites More sharing options...
detlef Posted July 25, 2008 Share Posted July 25, 2008 A friends brother with downs syndrome was paid in this way (based on production) but it was documented and official. For him it was more of something to do than a real job as his production netted him like $2/hour. So it is legal if done properly. The above situation doesn't sound like it falls under those guidelines. Well, truth be told, I've never employed anyone in such a situation, so perhaps there's something I'm missing. However, like you said, it damned well better be documented and very, very measurable. Obviously there needs to be something in place to protect the employer from paying needlessly for sub-par labor or people would be gun-shy from taking on these types of employees. Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted July 25, 2008 Share Posted July 25, 2008 A friends brother with downs syndrome was paid in this way (based on production) but it was documented and official. For him it was more of something to do than a real job as his production netted him like $2/hour. So it is legal if done properly. The above situation doesn't sound like it falls under those guidelines. Hey, Atomic, is this how you get paid? Give us some insight Quote Link to comment Share on other sites More sharing options...
AtomicCEO Posted July 25, 2008 Share Posted July 25, 2008 Hey, Atomic, is this how you get paid? Give us some insight Via my contract from 2006, I am paid in Euros. It's working out very well for me. Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted July 25, 2008 Share Posted July 25, 2008 Via my contract from 2006, I am paid in Euros. It's working out very well for me. Of that I am certain. Quote Link to comment Share on other sites More sharing options...
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